Colorado Department of Personnel & Administration

Note to readers

This State of Colorado Employee Handbook, published in July 2010 supersedes all previous versions of

the State of Colorado Employee Handbook.

State employees are governed by:

• Certain federal laws including, but not limited to, the Fair Labor Standards Act, the Family

and Medical Leave Act, the Americans with Disabilities Act, and the Hatch Act, which outlines

permissible political activity;

• The Colorado Constitution and laws passed by the Colorado General Assembly;

• Rules established by the State Personnel Board, which is composed of five Colorado citizens

who are not state employees, three appointed by the governor and two elected by employees;

• Administrative procedures (rules) established by the state personnel director;

• Fiscal rules established by the State Controller; and,

• Executive orders and policies issued by the Governor.

Certain terms, such as “appointing authority” and “department,” also are defined in director’s rules.

This handbook was written in accordance with federal and state laws, Personnel Board rules, personnel

director’s rules, and fiscal rules in effect at the time of publication. Subsequent revisions to these could

cause conflicting statements. If such a situation should arise, the laws, personnel rules, and fiscal

rules will always be the official documents upon which a ruling will be based or an

interpretation will be made. This handbook is a guide, not a contract. The same caution applies

to department handbooks.

While this handbook refers to rules, it is also important to note that technical assistance can provide

additional guidance in many human resources areas. Copies of these publications may be reviewed in

your department’s human resources office.

Contact your department human resources (HR) personnel if your specific concern may be affected by a

rule change. Please contact your HR office before calling the Department of Personnel & Administration

Division of Human Resources.

Useful Telephone Numbers and Web Page Information

Department of Personnel & Administration Division of Human Resources

Colorado State Employees Assistance Program (C-SEAP) ................................ 303-866-4314

Toll Free………......……………………………………………………………800-821-8154

Grand Junction……………………………………………………................ 970-255-5784

Sterling…………………………………………………………….................. 970-521-6799

Pueblo/Canon City………………………………………………………….....719-546-4684

Total Compensation

Benefits (Insurance)……………………………………………… ............... 303-866-3434

Toll Free……………………………………………………………………800-719-3434

Leave…………………………………………………………………………….303-866-2391

Pay………………………………………………………………...................... 303-866-2391

Annual Compensation Survey…………………..……….…………........... 303-866-2391

Job Evaluation……………………………………………………………. ..... 303-866-2391

Work-Life Programs…………………………………………..……. ............ 303-866-2391

Central Payroll………………………………………………….………….................. 303-866-3725

Risk Management………………………………………………………….................. 303-866-3848

Rules Interpretation……………………………………………….……….. .............. 303-866-4248

Jobs, Compensation, Time Off, Personal Services Agreement………...303-866-2391

State Benefit Plans…………………………………………………………...303-866-3434

Selection System Services………………………………………………... ................ 303-866-4248

State Employee Training…………………………………………………… ............. 303-866-4265

Ombudsman…………………………………………………………………………….. 303-866-5383

Appeals, Director Reviews, Dispute Resolution……………………………………303-866-2171

Mediation: State Employees Mediation Program......................... ………………303-866-4314

Performance Management System…………………………………………. ........... 303-866-4248

Governor’s Advocate……………………………………………………… ................. 303-866-6559

Other services:

Credit Union of Colorado …………………..…..……………..…….. 303-832-4816 or 1-800-444-4816

Public Employees’ Retirement Association (PERA): retirement and supplemental plans

… .............................................................................................................. 303-832-9550

InfoLine……………………………………………………………................. 303-837-6250

Toll Free……………………………………………………………………...1-800-759-7372

State Personnel Board…………………………………………….………... .................... 303-866-3300

Working Together Foundation………………………………….….……….................... 303-831-8645

Table of Contents

I. Workplace Basics

A. Appointment

B. Employment Status

C. Work Schedule

D. Work Behavior

E. Performance Expectations

F. Performance Evaluation

G. Job Description

H. Work Change Policies

II. Total Compensation

A. Pay

B. Leave

C. Group Benefit Plans

D. Retirement & Voluntary Supplemental Retirement Plans

E. Other Benefits

F. Reimbursable Expenses

G. Colorado Employee Assistance Program

H. Work-Life Programs

III. Dispute Resolution

A. Grievances

B. Appeals

C. Director’s Review Process

D. Performance Pay System Dispute Resolution

E. Alternative Dispute Resolution

IV. Additional Programs

A. Risk Management

B. Department ADA Coordinators

C. Credit Union of Colorado

D. Working Together Foundation

I. Workplace Basics

A. Allocation

In the state personnel system, you must meet the minimum requirements and compete for any position for

which you apply, including your own position if it is allocated to a different class. Even temporary employees

must meet the minimum requirements for a position, although there is no competitive process for such

temporary positions. You must maintain Colorado residency to retain employment in the state personnel

system.

B. Employment Status

Depending on the type of appointment, you will be placed in one employment status.

1. Probation

New employees appointed to permanent positions in the state personnel system serve a probationary period

that does not exceed 12 months, except when extended for periods of unpaid, and possibly, paid leave. The

purpose of a probationary period is for both you and your supervisor to determine that you are able to perform

the duties of the job satisfactorily. A new probationary period may be required if you are a former state

employee who has been rehired into the state personnel system.

2. Trial Service

A trial service period that does not extend beyond six months, except when extended for periods of leave,

applies to certified employees who promote to a higher class.

If you do not satisfactorily perform the duties of the position or if the final resolution of a selection appeal

results in your being displaced, you may be “reverted” to a vacant position in your current department and

former class, if one exists. Your appointing authority also may choose corrective or disciplinary action instead

of reversion or separation.

3. Certification

After you have satisfactorily completed your probationary or trial service period, you are “certified” to your job

class in the state personnel system. As a certified employee, you are granted all rights and benefits specified

by law.

C. Work Schedule

Colorado law requires that all state offices be open for business Monday through Friday from 8:30 a.m. to 5

p.m. except for legal holidays. However, most state offices are open for business by 8 a.m. and some remain

open later than 5 p.m. Some departments operate around the clock, every day. Your appointing authority is

responsible for assigning your working hours and for determining the hours your department is open for

business. All state employees are expected to be at work regularly and on time. If you will be late or absent,

you should call your supervisor immediately.

If you are eligible for overtime, any meal periods should be taken away from your desk to avoid interruptions

and ensure you are completely free of work. Breaks are not mandatory and, if granted, count as work time and

cannot be used at the beginning or end of the workday or to add to a meal period.

Flexible work arrangements, such as Flextime, Flexplace, and Job sharing, have been endorsed through

multiple executive orders. Employees’ are encouraged to review their department’s flexible work arrangement

guidelines or policy and discuss options with their supervisor to see if he/she and their job assignment are

appropriate for such an arrangement. Appointing authorities are encouraged to use these options where

appropriate, given operating needs. Flexible work arrangements are not a state employee right and are

subject to qualification and appointing authority approval.

• Flextime is an individualized work schedule other than the traditional schedule (e.g., a compressed

work schedule Monday – Thursday 7 a.m. – 5:30 p.m. & Friday off).

• Flexplace, also known as telecommuting, is an arrangement where work is performed at a location

other than the regular or traditional office.

• Job sharing uses two employees to share or perform the duties of a single full-time or part-time

position.

D. Work Behavior

Employees are expected to know and adhere to personnel rules, laws, and executive orders governing their

employment. You may voluntarily and knowingly waive, in writing, rights under the state personnel system,

except where prohibited by state or federal law. This includes the right to waive base pay during a fiscal

emergency, if approved by your appointing authority.

1. Conduct

As a representative of the state you are required at all times to use your best efforts to perform assigned tasks

promptly and efficiently and to be courteous and impartial in dealing with those we serve. Courtesy, tact, and

helpfulness on your part will do much to create the positive image state employees deserve.

Maintain the public’s confidence in the integrity of state government by refusing outside compensation for

performing your state duties. Do not take additional compensation (fee, gift, reward, gratuity, expenses, etc.)

that could result in real or perceived preferential treatment, impediment of governmental efficiency or

economy, loss of complete independence and impartiality, decision making outside official channels, disclosure

or use of confidential information acquired through state employment. * If you receive such compensation and

it cannot be returned, turn it over to your supervisor immediately. Please see the Independent Ethics

Commission Web site for further guidance.

*Exception: You may accept awards from non-profit organizations for meritorious public contributions. Honoraria or

expenses for papers, demonstrations, and appearances made with prior approval of your supervisor may also be kept if it

occurs during a holiday, unpaid leave, a scheduled day off, or outside normal work hours.

Protect and conserve state property and use taxpayer dollars prudently. No state time, property, equipment,

or supplies shall be used for private purposes or any other purpose not in the interests of the State of

Colorado.

You have the right to be treated with dignity and respect. It is to the state’s benefit to employ a diverse

workforce to assist in providing effective customer service. Discrimination against any person is prohibited

because of race, creed, color, gender (including sexual harassment), sexual orientation, national origin, age,

religion, political affiliation, organizational membership, veteran’s status, disability, or other non-job related

factors.

2. Personal Appearance

No personnel rules or statewide policies exist about personal appearance. Be guided by your supervisor in

regard to any special clothes or equipment needed for your job. Otherwise, the state asks that you dress in a

manner suitable for your work and consistent with good taste and good personal hygiene. Individual

departments may have their own particular dress code.

3. Political and Employee Activities

While you may participate in political activities subject to state and federal laws, no state facility or resource

can be used for this purpose. State employees also may not campaign actively for any candidate on state time

or in any manner calculated to exert the influence of state employment.

You have the right to join any employee organization. Solicitation of members is not allowed during work

hours without prior approval of your appointing authority.

4. Outside Employment

It is expected that your state job will be your principal employment. Outside employment, either with another

state department or an employer other than the state, or other activity (business transactions or ownership,

volunteer positions, etc.) that is or could be perceived as incompatible with the duties and responsibilities of

your state position is prohibited. You must get advance written approval from your appointing authority

before engaging in outside employment. Failure to obtain approval before beginning outside employment may

result in corrective or disciplinary action.

5. Substance Abuse

The State of Colorado’s substance abuse policy is contained in an executive order. Many agencies have

established their own policies regarding specific circumstances in which testing is required.

As a state employee, you have several options for health coverage for situations involving alcohol or drug

abuse. If you are enrolled in one of the state’s health plans, consult your plan information or your insurance

carrier before seeking any treatment to ensure coverage of the costs.

Other helpful resources include: the benefits administrator or human resources office in your agency, the DHR

Employee Benefits Unit and the Colorado State Employees Assistance Program (C-SEAP).

6. Employment of Relatives

Appointing authorities have discretion to reassign related employees to different sections or divisions. For

example, a principal department head might elect to assign a father and son to different sections or divisions

of the department so they are not in the same reporting chain. A state law applies to spouses or employees

who plan to marry. It states that it is discriminatory or an unfair employment practice for an employer to

terminate or to refuse to hire an employee solely because the person is married to or plans to marry another

employee of that employer. However, an employer can refuse to hire a person in cases where:

• One spouse would have direct or indirect authority to supervise, appoint, dismiss or discipline the

other spouse;

• One spouse would audit, verify, receive or be entrusted with money received or handled by the other

spouse; and,

• One spouse has access to the employer’s confidential information, including payroll and personnel

records.

E. Performance Expectations

There is a basic expectation that all employees will perform successfully in their jobs based on constitutional

provisions, statutes, rules, and their department’s policies that determine success in the workplace. Failure to

meet performance expectations can have a variety of workplace consequences.

F. Performance Management

The State of Colorado promotes an employee-centered approach to performance management. State law,

Personnel Board rules, and the personnel director’s rules require that each classified employee’s performance

be evaluated at least once a year. Employee performance is managed through ongoing continuous feedback

throughout the performance rating cycle, regarding how their performance is meeting the supervisor’s

expectations, coaching, and a simplified, “no surprises” approach to conducting annual evaluations.

As an employee, you are accountable for your own performance. This is achieved by:

• Clarifying the expectations for your job with your supervisor;

• Asking questions and discussing problems as they arise;

• Maintaining your own records about your performance;

• Sharing your goals and expectations with your supervisor;

• Giving input to improve the work environment; and,

• Accepting responsibility for your work performance and determining ways to improve it.

Supervisors guide, direct, and support the work of employees. Supervisors are responsible for:

• Communicating the performance management process to their staff;

• Setting clearly defined expectations for the employee’s job performance;

• Meeting regularly with employees to provide continuous quality feedback;

• Documenting significant events throughout the rating cycle;

• Providing praise often and helping motivate employees to achieve expectations;

• Correcting or redirecting behavior when necessary; and,

• Encouraging employee growth by teaching, coaching, and mentoring.

Detailed components of the performance management system are documented in Chapter 6 of the personnel

director’s rules as well as individual department or higher education institution Performance Programs.

G. Job Description

Each position in the state personnel system must have an official job description describing the permanent

duties and responsibilities assigned by the appointing authority. This official document plays a key role in a

number of human resource processes, ranging from determining the class for your position, assisting in

performance planning and organizational staffing, and in determining retention rights. Therefore, it is

important that you and your supervisor periodically review the document for accuracy (e.g., annually during

the performance planning process).

H. Work Change Policies

1. Job Evaluation/Position Allocation

Each position in the state personnel system is assigned to a specific class. If the permanent duties of your job

change significantly, your position may be evaluated to determine the correct class based on an official job

description.

Department HR offices process evaluations of positions in their organizations. As a result of an evaluation,

your position can move to a higher or lower class or can remain in its current class.

• If your position is allocated to a higher class (class with a higher pay range maximum), you may

compete for the position. If you do not meet the minimum qualifications for the new class, you will

begin the layoff process.

• If your position is allocated to a lower class (class with a lower pay range maximum) and you are

certified, you may choose to voluntarily demote in your position, have your name placed on a

reemployment list for your former class, and your base pay will remain the same, including saved pay.

If you do not choose the demotion option, layoff provisions apply. If you are a probationary employee,

you may demote to the position in lieu of layoff if you qualify for the new class.

2. Transfer

Transfer is a privilege that allows you to move to a vacant position in your same class or a different class at a

pay grade with the same pay range maximum, provided that you meet the requirements of the class and

position to which you are transferring. An appointing authority can transfer you to other units or divisions

within your department. You or your appointing authority may request a transfer.

Before a transfer between departments or divisions occurs, both appointing authorities should agree to the

timing and any other details.

3. Promotion

Several kinds of promotional opportunities are available to state employees. Some vacancies will be open only

to current employees in a department or division while others will be open to other state employees or the

public. In all cases of promotion, you must apply for and compete with all other qualified applicants.

4. Layoff

Layoffs may only be initiated due to lack of work, lack of funds, or reorganization. The department, college, or

university abolishing the positions administers the layoff process.

Certified employees who are subject to layoff have retention rights throughout the principal department in

which they are employed, unless advance approval by the Personnel Board limits retention rights to major

divisions within the principal department. Probationary employees are given a notice at least 10 days before

separation.

Retention rights of certified employees are limited to classes in which the employees have been certified and to

vacant lower level positions in the employees’ current and previous class series. The employee must meet the

minimum qualifications of a position. Employees do not have a right to be offered positions at a higher level

even though they may have previously been certified to higher classes.

Departments at their discretion may offer employees, who may be affected by a layoff, the option of voluntarily

waiving retention rights in exchange for a cash separation payment.

5. Reemployment

The names of certified employees who are laid off or demoted as a result of the layoff process are placed on a

departmental reemployment list for up to one year. Reemployment rights allow employees to be returned to

the class from which they were separated. When referrals are made, all names are referred and the appointing

authority may select which person to appoint.

When hired from a reemployment list, an employee’s base pay will be at the same rate as it was before being

placed on the reemployment list. In addition, all previously accrued sick leave and the annual leave-earning

rate are restored. An employee does not have a break in service if appointed from a reemployment list.

6. Resignation

You are expected to submit a written resignation to your appointing authority at least 10 working days before

the effective date, unless you and your appointing authority agree to less time. If you do not give sufficient

notice, your records may reflect that fact, and it may result in a delay of leave payout and forfeiture of

reinstatement privileges. You may withdraw your resignation within two business days of giving notice. Your

appointing authority has the option of approving a request to withdraw a resignation that is made after two

business days.

An employee, who resigns in lieu of disciplinary action, while under suspension, or while awaiting disciplinary

action, forfeits the right to a hearing on the action or suspension.

If you are absent without approved leave for five or more scheduled consecutive working days and have not

contacted your supervisor or appointing authority, and they cannot contact you, you may be deemed to have

resigned and are ineligible for reinstatement.

7. Reinstatement

If you are a former or current certified employee and wish to reinstate to a vacant position in the same (or

a related) class in which you were previously certified and left in good standing, the appointing authority for

the vacant position has the discretion to reinstate you without requiring you to compete for the position. You

must meet the minimum qualifications as well as all conditions of employment for the position into which you

are reinstating, and, per personnel rule, you may be required by the appointing authority to serve a

probationary period of up to twelve months.

If you are a former classified employee returning to the state personnel system, regardless of whether you

are reinstated or required to compete, your previously accrued sick leave, up to the maximum accrual allowed

by personnel rule, and the rate at which you were earning annual leave at the time you left the state

personnel system, are restored.

II. Total Compensation

A. Pay

The state as an employer is committed to providing a competitive compensation package based on comparisons

to employers in the public and private sector. Your pay may change due to a number of actions (annual

adjustments, promotions, demotions, etc.). In addition, there is a specific order for calculating pay when

multiple actions are effective on the same day. It is important that you verify your pay when changes occur

and report any potential errors immediately. Total compensation may be calculated using DPA’s My Total

Compensation Statement.

1. Pay Plans

Pay is based on an assigned class that has a pay range minimum and maximum. Each of the six occupational

groups has a pay plan.

2. Annual Compensation Survey

Each year DPA surveys the labor market so the state can remain a competitive employer. The annual

compensation survey process begins each spring. Employees are invited to comment on the published proposed

survey process. Based on survey findings, the personnel director makes recommendations for changes to pay

ranges and salary (achievement pay) and state contributions to group benefit plans. The survey findings and

recommendations are published on August 1. These recommendations are subject to funding by the

legislature.

Any change in pay and group benefit plans is implemented on July 1 unless the legislature passes a law with

other provisions. When recommendations on pay ranges are implemented, the values of each range are

adjusted according to the survey findings for each occupational group and represent market adjustments – not

cost of living adjustments. Please see annual survey process, report, or recommendation for more information.

3. Salaries

Normally the entry salary is the minimum rate for the class to which a person is hired, including former

employees (except those laid off within the past year). In cases of unusual market conditions, or recruitment

difficulties, an employee may be hired above the minimum, at the discretion of the appointing authority.

Salary may remain the same or increase in an upward movement to a higher pay grade (promotion, position

allocation, system maintenance study). The employee’s base salary must fall between the minimum and

maximum of the new pay range. In the case of a system maintenance study involving a class, salary does not

increase unless it falls below the minimum of the new range because system maintenance studies are

implemented on a “dollar-for-dollar” basis – does not generally result in salary increases or decreases for

employees.

Salary may remain the same or decrease in a downward movement to a lower pay grade. In the case of a job

evaluation action (position allocation or system maintenance study), your current base pay will remain the

same, including above the maximum of the new range for up to three years. At the end of the three-year

period, your salary must be placed at the maximum of the range, if still above the maximum. In the case of

other demotions (non-disciplinary demotion or discipline), salary cannot exceed current base pay and

maximum of the new range.

Base salaries may also be adjusted through the use of in-range salary movements (range compression,

counteroffer, delayed promotion, and new hire). These movements are base building and discretionary on the

part of the department.

4. Achievement Pay

Annual salary increases for employees in the state personnel system are based on performance. The State’s

performance pay mechanism is called achievement pay. Employees who receive a final overall performance

rating of successful or exceptional are eligible for base-building achievement pay. Base achievement pay

consists of two components; market and performance. Employees who receive a final overall performance

rating of exceptional are eligible for non-base building achievement pay. Non-base achievement pay is a one-

time, lump sum award that must be earned each year through continued exceptional performance. Payment is

subject to the policies of the personnel director and available funding by the legislature. Those who receive a

final overall performance rating of needs improvement are ineligible for achievement pay. Payments are made

in July, unless specified otherwise through legislative action.

5. Incentives and Recognition

Departments may administer programs designed to reward and recognize employees with cash and non-cash

incentives or recognition programs. Such programs are developed with employee involvement and are

communicated within a department on an ongoing basis.

6. Premium Pay

Compensation also includes several different types of premium pay. All premium pay requires advance

approval unless specifically indicated in the published compensation plan.

a. Overtime – The federal Fair Labor Standards Act (FLSA) applies to all employees and cannot be

waived. Overtime is any time worked by eligible employees in excess of maximum hours allowed in a

standard workweek, typically 40 hours (law enforcement and health care may have different designated

work periods). An eligible employee is paid in cash or compensatory (comp) time off at a rate of one and

one-half times for overtime hours. Your supervisor may adjust leave requests or schedule the use of comp

time to manage overtime liability. Determining eligibility for overtime pay is the responsibility of your

department.

If you are not eligible for overtime, you will not receive pay or comp time for hours worked in excess of 40

hours in a week. If FLSA exempt, you may be required to work beyond 40 hours if needed to accomplish

the work, including evenings, weekends, and, if necessary, holidays.

b. Shift Differential – Shift differential is pay in addition to an eligible employee’s base pay rate, in

compensation for working certain shifts. The personnel director determines eligible classes and

departments may approve positions in other classes.

c. Call-Back Pay – Call-back pay is a minimum of two hours pay when an eligible employee is required to

return to work after completing the assigned shift or called to work before a scheduled shift. There must

be a break between shifts and not simply a continuation of a regularly scheduled shift.

d. On-Call Pay – On-call pay is a special established rate of pay earned by an eligible employee while

specifically assigned in advance to on-call status. The personnel director sets the premium rate annually.

e. Other Pay Premiums – Other premiums such as hazardous duty pay, second domicile pay, housing

allowance, and discretionary pay differentials (e.g., signing and referral bonuses, and temporary

assignment pay differentials) may also be available.

7. Payroll

State employees shall be on the Direct Deposit Payroll Program unless the state controller or delegate

approves an exception. Payday is the last working day of the month except June, which is the first working

day of July.

8. Reimbursing for Overpayment or Underpayment

According to present law and fiscal rules, an employee is responsible for reimbursing overpayment made by

the state to the employee regardless of who made the error. The state, on the other hand, is responsible for

any underpayment. Accordingly, employees are advised to review pay changes carefully, because they share in

the responsibility for proper amounts. Familiarity with how state pay is computed is essential.

B. Leave

Regular attendance and punctuality are an essential part of each state job. Use your leave responsibly. Follow

your department’s protocol on requesting leave and reporting absences. Any leave should be requested as far

in advance as possible (typically 30 days) by completing a State of Colorado Leave/Absence Request form or

equivalent. Your supervisor will determine the type of leave to be used. Unauthorized use of any leave may

result in the denial of paid leave and/or corrective or disciplinary action.

1. Accrual

Permanent full-time and part-time employees earn (accrue) leave each month but it is not available for use

until the 1st of the following month. Temporary employees do not accrue leave. Borrowing against future leave

or “buying back” used leave is not allowed. Permanent part-time employees and full-time employees who

work, or are on paid leave, less than a full month, earn a pro-rated amount of leave time. Paid leave is used

before unpaid leave unless a specific type of leave does not apply to your circumstances.

2. Annual Leave

Annual leave is used for personal needs such as vacation or personal business. Your appointing authority may

establish periods when it will not be allowed or is required. In some cases involving other types of leave (e.g.,

exhaustion of sick leave or family/medical leave), use of annual leave may be required.

Any annual leave accrued beyond the maximum carryover is forfeited at the start of each new fiscal year (July

1). Upon separation, an employee is paid for all unused accrued annual leave, up to the maximum.

ANNUAL LEAVE EARNING

Years of service Hours earned per month Maximum accrual

1st-5th year 8 hours (1 day) 192 hours (24 days)

6th -10th year 10 hours (1 ¼ day) 240 hours (30 days)

11th -15th year 12 hours (1 ½ days) 288 hours (36 days)

16th - on 14 hours (1 ¾ days) 336 hours (42 days)

3. Sick Leave

Sick leave is provided for health reasons. It may also be used for the health needs of a family member as

defined in personnel director’s rules (Chapter 5). Note: a different definition of family member applies to

family/medical leave.

It is accrued at 6.66 hours per month by full-time employees. Accrual is limited to 360 hours (45 days) plus

any sick leave accrued on July 1, 1988. This means that employees who worked in the state personnel system

on July 1, 1988, have individual maximum accrual rates for as long as they stay with the state.

At the end of a fiscal year, accumulated sick leave beyond the maximum limit is converted to annual leave at a

rate of five hours of sick leave to one hour of annual leave, up to a maximum of 16 hours of annual leave and

the remainder is forfeited.

The State of Colorado Medical Certificate forms for employee or family member are to be completed by a

health care provider, except for the active duty military leave, within 15 calendar days is required for any

absence from work of more than three consecutive full workdays or sick leave must be denied. This statement

is required for both personal and family usage.

A State of Colorado Fitness-To-Return Certificate is required when an employee is absent from work for more

than 30-calendar days due to the employee’s own health condition. The appointing authority may require this

certification for any absence of 30 days or less based on the nature of the health condition in relation to the job

assignment. In addition, the certificate maybe required for intermittent leave every 30 days if there are safety

concerns with your ability to perform your job.

If you exhaust your sick leave and are unable to return to work, accrued annual leave will be used. If annual

leave is exhausted, your appointing authority has the discretion to grant you unpaid leave or administratively

discharge you if family/medical leave, short-term disability leave or the Americans with Disabilities Act are

inapplicable.

All unused sick leave is forfeited upon separation, except for employees meeting age and service requirements

under the Public Employees’ Retirement Association (PERA) defined benefit plan on the date of separation,

regardless of the retirement plan actually enrolled in. Employees who meet these retirement requirements are

compensated for one fourth (1/4) of their accrued sick leave up to their maximum accrual.

4. Holiday Leave

Ten legal holidays are observed. Permanent full-time employees are granted up to eight hours of paid leave for

each holiday (pro-rated for part time). If an employee works an alternate schedule, arrangements must be

made to cover the extra hours. You must be on the payroll when the holiday is observed in order to receive

pay. If a holiday is observed on the first regularly scheduled workday of the month you are hired, you will be

granted leave, provided you work all other scheduled workdays of the month. Leave is prorated for part-time

schedules or any unpaid leave in the month.

Appointing authorities may adopt alternate holiday schedules depending upon the operating schedules of

their departments. When an alternate holiday schedule is adopted, the alternate holidays take the place of the

legal holidays for all purposes of the holiday leave provisions. A department head has the discretion to grant

César Chávez Day (March 31) in lieu of another holiday in the same fiscal year.

5. Other Types of Leave

a. Work-Related Illness or Injury – An employee who suffers an on-the-job injury or illness that is

compensated under the workers’ compensation program is granted up to 90 absences if the temporary

payments are assigned to the department. Note that unlike other types of leave, this is counted in whole

day increments regardless of the number of hours actually absent. If the 90 days are exhausted, “make

whole” applies where any accrued paid leave is used in an amount that is closest to the difference between

the temporary payment and the employee’s gross base salary, excluding any pay differentials.

b. Short-Term Disability Leave – An employee with one year of service is eligible for up to 180 days of

short-term disability (STD) leave when applying for or receiving short-term disability benefits. To be

eligible for the leave, your application for the benefit must be submitted through the department within 30

days from when the absence begins or at least 30 days prior to exhaustion of all sick leave. There is a 30-

day waiting period before STD benefits begin during which you must use sick leave, followed by annual

leave, then unpaid leave, if necessary.

The STD leave is treated as unpaid leave for the purpose of earning sick and annual leave and seniority. If

you applied for STD leave, your employment cannot be terminated during the STD waiting period. Your

employment with the state may be terminated if you are denied STD and are ineligible for or have

exhausted family/medical leave, or you fail to apply for STD benefits. Although an employee with less than

one year of state service is ineligible for the leave, the employee may still be eligible for the STD benefit.

Also, you may be granted unpaid leave.

c. Bereavement Leave – Employees may request up to 40 working hours of paid bereavement leave to

make arrangements for, travel to and attend services or to grieve family members or other persons.

Supervisors and employees have mutual responsibility to engage in a dialogue so that the employee’s

needs are clear. Employees are expected to request the amount of leave needed in writing and

communicate their needs to the supervisor. This includes divulging the nature of the relationship and the

employee’s needs related to grieving and any service or gatherings.

d. Military Leave – Upon presenting proper military orders, a member of the National Guard, military

reserve, or National Disaster Medical Service is granted up to 15 working days in any calendar year of

military leave for the annual encampment or equivalent reserve-training, or when called to active service

including declared emergencies.

An employee must return to work upon release from active duty if serving in the National Guard for a

state emergency. An employee called to active federal military service must apply to return to work.

Failure to follow procedures for return to work may be deemed a resignation from state employment.

f. Jury Leave – Paid jury leave is granted for the time that a permanent employee is required to serve on

a jury. Temporary employees are granted up to three days of paid jury leave to serve during those days

they are normally scheduled to work. Jury pay is not turned over to the department.

g. Unpaid Leave – Unpaid leave could result in an adjustment to a probationary or trial service period,

which may also be extended for paid leave. It also may affect the amount of paid leave earned.

h. Administrative Leave – Administrative leave is paid time off that is granted at the discretion of the

appointing authority for purposes that the appointing authority determines are for the good of the state.

This is work time.

• Two days of administrative leave are granted in a fiscal year to an employee who donates organ,

tissue, or bone marrow for a transplant. These two days cannot be accumulated for use in a

subsequent fiscal year.

• An employee with fewer than three hours of non-work time scheduled between 7:00 a.m. and 7:00

p.m. on General Election Day (even numbered years) is also granted two hours of administrative

leave to vote. The hours need not be consecutive.

• An employee serving as an election judge can receive paid administrative leave, provided his/her

supervisor determines the employee’s attendance at work is not essential. The employee cannot

receive any other compensation and must provide evidence of service.

• Up to 15 days in a fiscal year for a qualified volunteer of a qualified volunteer organization as

listed by the Department of Local Affairs (DOLA) when directed to serve during a declared local

disaster within the state, or a member of the civil air patrol called to duty for a rescue mission.

Employees are to be restored to the same position and class as if they had not taken the leave,

provided the employee returns the next scheduled work day once relieved of duty. If the certified

disaster volunteers in the American Red Cross also qualify for this volunteer leave, the two leaves

run concurrently. The American Red Cross volunteer leave runs on a fiscal year not a calendar

year.

i. Victim Protection Leave – An employee with one year of state service is granted up to 24 hours per

fiscal year of unpaid leave when the victim of stalking, sexual assault, domestic abuse or violence. All

annual leave and applicable sick leave must be exhausted. Information related to this leave is confidential.

j. Family/Medical Leave – Family/medical leave is a guaranteed period of time with job protection.

FMLA rights cannot be waived. The amount of paid or unpaid leave during family/medical leave depends

on the individual accrued leave balances. An employee is required to use all accrued sick leave, to the

extent allowed by the sick leave policy, and all accrued annual leave. All other types of leave and absences

that also qualify as family/medical leave will be counted toward family/medical leave, including during

“make whole” for a compensable injury under workers’ compensation and compensatory time.

An employee with one year of total state service, before the leave begins, is eligible for up to 520 hours of

family/medical leave per fiscal year (pro-rated for part-time employees). The service time does not need to

be consecutive because it is based on the total time on the state payroll.

Federal law expanded the reasons for FMLA effective January 16, 2009 and October 2009, to include

military caregiver leave for up to 1040 hours in a single 12-month period, beginning the date leave begins.

In addition, the leave includes time for employees to care for veterans who are receiving treatment within

five years of the beginning of that treatment.

Family/medical leave is granted for:

• Birth and care of your child or the placement and care of a child for adoption or foster care. The

leave must be completed within one year of the birth.

• Care for a child, parent, or spouse with a serious health condition. Child is defined as under the

age of 18 or over the age of 18 incapable of self case due to a mental or physical disability at the

time leave is to commence.

• When a child, parent, or spouse experiences a qualifying exigency directly related to being

deployed to a foreign country. Examples of qualifying exigency include short-notice deployment,

military events and related activities, short-term childcare and school activities due to the

exigency, financial and legal arrangements due to the exigency, non-medical counseling, post-

deployment activities, and additional activities mutually agreed upon by the employee and

appointing authority.

• Care for a child, parent, spouse, or next of kin who suffers a serious injury or illness in the line of

duty while on active duty in support of a contingency operation. Next of kin means nearest blood

relative other than the covered service member’s spouse, parent, son or daughter, in the following

priority order: relatives granted legal ward or custody through court order, brother and sister,

grandparents, aunts and uncles, and first cousins. If the service member has declared a next of

kin, only that individual is considered next of kin. If the service member has not declared a next of

kin, all those mentioned above are considered next of kin and eligible for the leave, e.g., all siblings

are eligible and if none, all grandparents are eligible and so on.

For purposes of family/medical leave, an immediate family member is defined as the employee’s child

including a foster, adopted, or step child, legal ward, or a disabled adult child 18 or over who is incapable

of self care at the time leave is to commence; parent (including individuals who filled the role of a parent);

or spouse (including common-law marriage). This is a different definition than that used for general sick

leave.

The appointing authority may approve a request for additional time beyond the family/medical leave, but

approval is not guaranteed. Any extension is not family/medical leave and is subject to the provisions of

any regular type of paid or unpaid leave.

Serious health condition is defined as an illness, injury, impairment, physical or mental condition that

requires inpatient care in a hospital, hospice, or residential medical care facility, or continuing treatment

by a health care provider. This includes temporary pregnancy-related disability (pre-natal visits,

childbirth, and recovery).

In the case of a serious health condition that qualifies for family/medical leave, the employee may request

intermittent leave or a reduced work schedule when medically necessary. The appointing authority also

has the discretion to grant requests for intermittent or reduced work schedules for reasons not related to

medically necessary treatment. The appointing authority has discretion to temporarily transfer an

employee to another position at the same pay grade during unpaid family/medical leave that better

accommodates this work schedule.

Benefit premiums will continue to be paid through normal payroll deduction when the family/medical

leave is paid.

Any unpaid family/medical leave is treated the same as unpaid leave except the department continues to

pay the state’s contribution to benefit premiums if an employee continues to pay the employee

contribution in a timely manner. Coverage may be terminated if the employee contribution is not paid in a

timely manner. An employee must make arrangements for such payments through the department payroll

administrator or office.

As with any type of leave, advance notice and approval is expected before the leave begins, except in

emergencies. Leave should be requested using the State of Colorado Leave/Absence Request form or

equivalent. Thirty day’s advance written notice is required when the need for leave is foreseeable. If the

employee becomes aware of the need for leave in less than 30 days, the employee must provide notice

either the same day or next business day. The employee is obligated to state the reason for the requested

leave so that the appointing authority can determine whether any absence qualifies for family/medical

leave. Failure to provide proper notice could delay the start of any family/medical leave to which the

employee is entitled.

The appointing authority and employee are expected to work together to establish a mutually satisfactory

schedule for intermittent treatments, periodic check-in, return to work arrangements, etc.

In the case of a serious health condition, the requirements for the Medical Certification and Fitness to

Return Certificate forms are consistent with sick leave. If not provided, family/medical leave will be

denied, delayed, and/or corrective/disciplinary action be taken.

Upon return to work from family/medical leave, an employee is placed in the same or an identical position,

subject to the conditions of the Family and Medical Leave Act. Restoration to the same or equivalent job

does not apply if the employee would have otherwise been separated had the leave not been taken (e.g.,

layoff or disciplinary termination). For purposes of the employee’s evaluation, any time taken for

family/medical leave (except fraudulently used) shall not be considered in the performance rating or in

corrective/disciplinary action. More information can be found at the leave Web site.

k. Leave Sharing – Department directors and presidents of colleges and universities may authorize a

leave-sharing program to allow employees to donate annual leave to another employee. The donation of

sick leave is not allowed. Each department designs its own program within parameters established by the

personnel director. Leave sharing is permitted when an employee or an immediate family member (as

defined in the sick leave section) is experiencing an unforeseeable life-altering event beyond the

employee’s control.

To request donated annual leave, the employee must have a minimum of one year of service and exhaust

all accrued annual leave and sick leave. Leave sharing is not a substitute for other temporary benefits

such as short-term disability benefits. Thus, it cannot be used when such benefits apply. The approval of a

request is at the sole discretion of the department head. Denial of a request to transfer or receive annual

leave cannot be grieved or appealed.

C. Group Benefit Plans

Information regarding the benefit plans and the rules and procedures that govern the plans, as well as access

to the online Benefits Administration System (BAS), is available on the employee benefits Web site.

As a permanent employee, you are eligible for a variety of group benefit plans. You have 31 days from your

date of hire to enroll in the various plans, and day one is the date of hire, and your coverage is effective the

first of the month after your date of hire. Enrollment in these benefits is completed only through the benefits

administration system (BAS). If you do not enroll at the time of hire you must wait for the next annual open

enrollment period, although there are special HIPAA enrollment rules that could allow enrollment mid-year,

such as loss of other coverage, marriage, birth, etc. Examine all benefits information provided, paper and

electronic, in order to make informed decisions. Ask questions before making a decision and review and verify

the accuracy of your elections before submitting them.

Once enrolled in any of the group benefit plans, you then have certain responsibilities: to verify the accuracy

of enrollment elections and the deductions for these elections, to provide required supporting documents (e.g.

birth or marriage certificates, affidavit of same-gender domestic partnership), to inform your department of

any changes, and, most importantly, to become familiar with the plans you have elected, as well as any

information regarding the state rules and procedures governing those plans.

You are allowed to add a new spouse or dependent child within 31 days of a qualifying event, such as marriage

or birth. Day one of this 31-day window is the date of the event, such as the date of marriage or birth. Such

changes must be made in the online BAS. When your spouse or dependent child is no longer eligible, you must

make the appropriate change in the online BAS within 31 days of the ineligibility date. You must also provide

any supporting documentation regarding changes within the 31-day window (e.g., documents that verify a

new spouse, a divorce, a new child, or a change in a spouse’s employment or eligibility for benefits with

another employer).

1. Medical & Dental Insurance

The state offers medical and dental plan coverage for eligible state employees and their eligible dependents,

which includes spouses, same-gender domestic partners (SGDP), dependent children, and the dependent

children of a SGDP. The monthly premium for such coverage consists of an employer portion and an employee

portion. The state pays the employer portion of this monthly premium. Your contribution to the monthly

premium is deducted from your pay.

2. Life Insurance

All eligible employees in the state personnel system are provided state-paid, basic group term life insurance

and accidental death and dismemberment (AD&D) coverage in the amount of $50,000. Optional group term

life and AD&D coverage is also available for you, your spouse/same-gender domestic partner (SGDP), and

dependent children in $10,000 incremental amounts up to $500,000 for employee, $250,000 for spouse, and in

the amounts of $5,000 or $10,000 for dependent children. Spouses/SGDPs and dependent children may not

have more than 50% of the amount elected by the employee. For a spouse or dependent child to be eligible, an

employee must have been approved for optional coverage. The employee is responsible for the entire premium

for this optional group term life and AD&D coverage.

Only at the time of a hire, coverage amounts for optional life of up to $100,000 for the employee and $30,000

for the spouse/SGDP are guaranteed and do not require any type of medical evidence or medical underwriting.

These guarantee issue amounts are available only to new hires, or at the time of marriage of the employee,

declaration of same-gender domestic partnership, or the birth or adoption of a child for the employee or the

death of a spouse, and are not available during the annual open enrollment. Amounts above these limits are

not guaranteed and must be approved by the state’s contracted life insurance carrier, which requires

submitting an evidence of insurability form, also called a medical history statement. If approved, coverage is

effective the first of the month after approval. Coverage for dependent children does not require evidence of

insurability, but the employee must elect and be approved for optional coverage for dependent child coverage

to be in place. Dependent child coverage covers all eligible dependent children of an employee for a single,

monthly premium.

If you do not enroll at the time of hire you must wait for the next annual open enrollment period. During the

annual open enrollment no amount of coverage for the employee or spouse is guaranteed, and all amounts

elected require evidence of insurability.

3. Disability Insurance

a. Short-term Disability – All eligible employees in the state personnel system are automatically enrolled in the state-paid short-term disability (STD) program. This program provides coverage for

disabilities that occur because of accident or illness.

PERA also offers a short-term disability program for state employees with five or more years of service.

Please contact PERA directly for details at 303-832-9550 or 1-800-759-7372.

b. Long-term Disability – Employees who work at least 30 hours per week may apply for the voluntary

long-term disability (LTD) program. Coverage is not guaranteed and must be approved by the state’s

contracted LTD carrier, which requires submitting evidence of insurability in the form of a medical history

statement. If approved, coverage is effective the first of the month after approval. The premium for LTD

coverage depends on age, salary and vesting status within the PERA Defined Benefit (DB) retirement plan

(if the PERA DB plan is not chosen as your retirement plan, then your PERA DB vesting status is, and will

remain, non-vested). You are responsible for the entire premium for this coverage.

PERA also provides a long-term disability program to eligible employees enrolled in the PERA DB

retirement plan, as it is part of the survivor and disability benefits associated with that DB program

4. Salary Reduction (125) Plan (Pre-tax Deductions & FSAs)

a. Pre-Tax Premiums – This voluntary program allows you to pay the premiums for medical and dental

benefits with pre-tax dollars. Under Section 125 of the Internal Revenue Code, you may annually elect to

reduce your taxable salary by the amount you pay towards medical and dental premiums. Participation in

the salary reduction plan can result in you paying less federal, state and Medicare taxes, as well as

reducing your contributions to your retirement plan.

Because of the tax savings you receive, the federal government places certain restrictions on what you can

and cannot do under this plan. This is an irrevocable choice, meaning changing your decision to have your

premiums deducted pre-tax, as well as canceling or changing the benefits associated with these deductions,

is not allowed until the next open enrollment period unless you experience a qualifying event as defined in

federal law [Treasury Regulation 1.125-4(b-f)].

b. Flexible Spending Accounts (FSAs) – Flexible spending accounts allow you to pay for certain health care and dependent day care expenses on a pre-tax basis. You make an annual election of an amount to

contribute through a salary reduction agreement. This amount is then deducted over the course or the

plan year, divided on per pay period basis, and deposited into your account. These funds are not subject

to federal, state or Medicare taxes, or PERA deductions. However, you may not deduct any expenses on

your tax return that were reimbursed with pre-tax funds from a flexible spending account.

The state offers two different types of flexible spending accounts:

• Health Care Flexible Spending Accounts can reimburse you for a number of qualifying health care

expenses for you, your spouse and your eligible dependents, not covered by insurance such as

deductibles, co-insurance, co-payments, orthodontia, etc. The maximum annual contribution is

$6,000 and the minimum annual contribution is $120.

• Dependent Day Care Flexible Spending Accounts can reimburse you for eligible day care expenses.

The maximum annual contribution is $5,000 and the minimum annual contribution is $120.

5. The Consolidated Omnibus Reconciliation Act (COBRA)

COBRA is federal law that requires virtually all employers who sponsor group health plans to permit covered

individuals who lose coverage as a result of certain qualified events to elect to continue their group coverage

under the plan on a self-pay basis.

The Initial Notice of COBRA Rights is provided via first class mail to all qualified beneficiaries within 90 days

of the effective date of coverage when enrolled in medical, dental or FSA (flexible spending account) coverage.

A COBRA Election Notice is mailed to each qualified beneficiary within 14 days of the occurrence of a

qualifying event that results in a loss of coverage.

Both notices are mailed by the State’s contracted COBRA third-party administrator. For more about your

COBRA rights please visit the COBRA page on the Employee Benefits Web site to review the summary plan

description for your plan(s).

D. Retirement

1. Retirement

State employees do not contribute to Social Security; therefore, new hires (except judges and those in four-

year institutions of higher education) must choose one of two retirement plans. This mandatory decision is an

important one-time choice so employees should consider the options carefully and choose the retirement plan

that best suits their needs. The choices are:

• Colorado PERA Defined Benefit Plan (PERA DB Plan); or,

• Colorado PERA 401(a) Defined Contribution Plan (PERA DC Plan).

If a plan is not elected within 60 calendar days from the date of hire, the choice defaults to the PERA DB Plan.

New employees in other higher education institutions hired into the state personnel system do not have a

choice and are enrolled in the PERA DB Plan. Retired PERA members who want to return to work for the

state in any capacity should contact PERA.

A percent of your total salary is deducted and transferred to the proper retirement plan where it is credited to

your individual member account. Additionally, the state contributes a percentage of the payroll to the

retirement plans. The employee and employer contribution rates are the same regardless of which retirement

plan you choose. Please note that contribution rates for state troopers and CBI agents differ from other state

employees. Questions about membership benefits should be directed to your retirement plan.

Please visit the Public Employee’s Retirement Association (PERA) Web site at www.copera.org for more

information regarding your two retirement choices. PERA is located at 1301 Pennsylvania Street, Denver,

Colorado 80203. If you have more questions, contact PERA’s Customer Service Center at 303-832-9550 or 1-

800-759-7372.

2. Voluntary Supplemental Retirement Plans

Most people know that it is a good idea to supplement retirement benefits for a financially secure retirement.

One way to do this is by participating in one or more of the voluntary plans offered to state employees. These

plans enable employees to reduce their current income taxes by deferring income as they save for retirement.

Two plans are offered:

• Colorado PERA 457 Plan

• Colorado PERA 401(k) Plan

Please visit the PERA Web site, www.copera.org, or call 303-832-9550 or 1-800-759-7372, for more information

on these voluntary plans. If employed by higher education, employees may also be eligible to participate in a

403(b) Plan.

E. Other Benefits

1. Workers’ Compensation

Employees are automatically insured for injuries sustained in the course of employment. It is the employee’s

responsibility to report any accident on the job to a supervisor in order to receive workers’ compensation. Lost

time and medical expenses may be paid for by this insurance.

It is extremely important that employees report all accidents in a timely manner. In all cases of on-the-job

injuries, employees must notify employers in writing of the specific job injury within four days of the injury.

Also, if the employee contributes to the cause of the injury or illness, or if it is determined that the injury was

due to willful misconduct or negligence on her/his part, employee benefits may be reduced or denied.

Employees must seek medical assistance at a health care provider assigned for their department. With a few

exceptions, visits to a non-designated health provider will not be paid by workers’ compensation.

2. Unemployment Insurance

If employees are separated from their jobs under certain conditions, they may be eligible for unemployment

insurance benefits. The amount an employee receives will be based upon earnings and the terms and

conditions of separation.

The Department of Labor and Employment (DOLE) administers this program. For information to file a claim

for benefits, call 1-888-550-2800 or 303-813-2800 (Denver metro area).

3. Medicare Coverage

All state employees hired on or after April 1, 1986, are covered under Medicare, including former employees

who return. Temporary employees are included unless the basis for employment is a fire, storm, snow,

earthquake, flood, or similar emergency. The required percentage of the employee’s gross wages is deducted

from pay.

4. Training

Job-related and career enhancement courses may be provided to state employees at no cost or at a reduced

cost as authorized by each department. Requests for training must be approved by the employee’s appointing

authority.

5. State-Owned Housing

A department may provide housing for a state employee where state-owned facilities are available and it is in

the best interest of the state. The department determines the rental cost. The employee and department

execute a rental agreement. Rent, and, in some cases, utility costs, are paid through payroll deduction.

6. Uniforms

Required uniforms and their maintenance may be provided to employees at no charge, at a reduced charge, or

through a uniform allowance.

F. Reimbursable Expenses

1. Travel Expense Reimbursement

Employees are entitled to reimbursement for travel expenses incurred in carrying out responsibilities that are

for the benefit of the state. Personal or political expenses or those that are not directly related to official

functions or programs of a state department are not reimbursable.

Employees must use the most economical available transportation that will satisfactorily accomplish the

state’s business. Employees may use their own vehicle and receive a mileage reimbursement, or use a state

vehicle. When travel extends beyond one calendar day, employees may claim the actual cost of reasonable

accommodations, plus the state allowance for meals that would normally be eaten. If travel is completed in a

single day, lunch will not be reimbursed. Under certain circumstances, an appointing authority may approve a

meal allowance for breakfast and/or dinner.

Employees should obtain all needed prior approvals and complete all required forms that pertain to state

travel. Reimbursable amounts and allowances are reviewed and changed periodically and are contained in the

state fiscal rules.

2. Moving Expenses

Employees may be entitled to reimbursement for moving or relocation expenses related to their duties,

including acceptance of a position outside 50 miles as part of the layoff process. The appointing authority

approves moving expenses when in the best interests of the state. Limits are specified in state law and fiscal

rules.

G. Colorado Employee Assistance Program

The state has a free and confidential EAP program for state employees and supervisors that offers short-term

assistance in handling personal problems that impact job performance or the work environment. Workshops

are also available.

Employees can schedule a confidential meeting to assess the problem, arrange for a referral to an appropriate

community resource or insurance benefit provider, or EAP personnel may work directly with the employee on

a short-term basis. Confidential follow-up is done to ensure satisfactory resolution of the employee’s problem.

H. Work-Life Programs

Given the profound changes in demographics and the work place, programs addressing the work experience

are a key component of total compensation. Providing a supportive and flexible work environment that helps

balance personal and work responsibilities has an impact on productivity and customer service. A broad

spectrum of statewide programs is available to employees and supervisors.

By executive order, the performance evaluation of supervisors and managers is to include a factor on the

application of basic business skills and sound judgment using work-life policies and programs.

Orientation information, worksheets, and checklists have been published for flexible work arrangements (Job

sharing, Flextime, and Flexplace). Various resources and referral information, tips and manager awareness

tools, along with discounts on childcare and other valuable discounts have been established for employees.

III. Dispute Resolution

Disputes may arise whenever people work together. Many conflicts arise out of differences of understanding,

whether between supervisors and employees, or among peers. Most disputes can and should be resolved

informally in the immediate work area as quickly as possible. The state personnel system offers a number of

dispute resolution processes. The appropriate process depends on the specific situation. One of the most

effective means of dealing with a conflict that cannot be resolved informally is through an outside neutral

mediator (see “Useful Telephone Numbers” in this Handbook). If an employee cannot resolve his/her issue

informally, he/she should contact his/her department HR office immediately, as most dispute resolution

processes have deadlines and specific requirements for filing a complaint.

Employees can have a representative of their choice in meetings involving most types of disputes. Employees

may confer with their representative during work hours with the prior consent of their supervisor, but such

meetings are to be scheduled so there is minimal disruption to the work and general operations.

A. Grievances

A grievance is an avenue to address problems that do not give rise to specific appeal rights (see information

below for specific appeal rights). For example, individuals might grieve corrective actions, employee-

supervisor relationships, shift and job location assignments, hours worked, or working facilities and

conditions.

A grievance involves a step-by-step process in which the employee describes the grievance so it may be

reviewed at various levels in the organization. The process begins by notifying the supervisor or second-level

supervisor within 10 days of the specific occurrence, as provided in a state department’s grievance procedure.

There are time limits and may be forms within each specific department. If an employee’s grievance reaches

the point where a petition may be filed with the Personnel Board, please read the information and forms to

proceed. If the grievance alleges illegal discrimination, including sexual harassment, the employee must send

a notice to the Personnel Board within 10 days of the alleged discrimination.

The grievance process can sometimes be legalistic and even adversarial. Please keep in mind that mediation is

also available.

B. Appeals

State employees who are dissatisfied with certain adverse actions affecting them have an opportunity to seek

a review of those actions. Any employee considering filing an appeal or petition for a hearing should review

the rules carefully. See your department HR office or www.colorado.gov/dpa/dhr/forms for filing details and

forms.

1. Downward Position Allocation and Examination Actions

Employees who are dissatisfied with a downward position allocation and certain examination actions may

appeal directly to the personnel director. Such appeals must be filed in writing to the proper address by the

10-day deadline specified in personnel director’s rules. It is recommended that employees first contact the

human resources office within the department to see if an appeal can be resolved informally; however, that

does not extend the 10-day limit for filing an appeal. Appeal forms are available at your department HR office

or www.colorado.gov/dpa/dhr/forms. The personnel director will review the appeal, but may use advisors in

reaching a decision.

If discrimination is also alleged, the appeal must also be filed with the Personnel Board within 10 calendar

days of the action.

2. Pay, Status, or Tenure

An employee whose current base pay, status, or tenure is adversely affected by any action, with some

exceptions, can appeal to the Personnel Board and has the right to a hearing. Probationary employees have

the same appeal rights as certified employees except the right to appeal a disciplinary action based on

unsatisfactory performance.

Such appeals must be filed in writing with the Personnel Board within 10 calendar days after the employee

receives written notice of the action being appealed. See your HR office for forms and filing details.

3. “Whistleblower” Law

Employees may appeal actions under the state employee protection law, the “Whistleblower Act.” This law

protects employees from retaliation for disclosing certain information as set by law. Employees who wish to

know more about how such appeals are handled should contact the Personnel Board.

4. Discrimination

Employees may file allegations of discrimination with the Personnel Board or the Federal Equal Employment

Opportunity Commission (EEOC). The Personnel Board will refer the matter to the Colorado Civil Rights

Division for an investigation. If an investigation results in an opinion of “probable cause,” conciliation will be

attempted. If that fails, or if the employee protests a “no probable cause” opinion, the employee may appeal to

the Personnel Board, which will determine whether a hearing is to be held.

5. Discretionary Hearings

The Personnel Board has the discretion to grant hearings in certain areas that do not adversely affect pay,

status, or tenure. All petitions for discretionary hearings have filing requirements. In most cases, appellants

have 10 calendar days from receipt of written notice of the action being appealed to file a formal appeal or

petition for hearing with the Personnel Board.

C. Director’s Review Process

Employees may request a review of matters not covered by other dispute processes such as FMLA, FLSA,

removal of a name from an eligible list, or rejection of an application. Written decisions issued by the

personnel director regarding overtime-related and FMLA issues are considered to be the final administrative

decision by the state. See your HR office for forms and filing details and submit within 10 days of knowledge of

the action taken. Forms are also available at www.colorado.gov/dpa/dhr/forms

D. Performance Management Dispute Resolution

The performance management dispute resolution process is an open, impartial process that is not a grievance

or appeal. Each department and higher education institution is required to have a documented internal

performance management dispute resolution process, which is found in the published individual department

or higher education institution Performance Program.

E. Alternative Dispute Resolution

1. Ombuds Program

The Ombuds Office was established in May 2007 to provide an alternate communications channel and conflict

resolution resource where any state classified employee may obtain assistance in surfacing and resolving state

work-related issues. The Ombuds informs employees and management about relevant policies, procedures,

and rights and encourages people to report wrongdoing, helps them learn about and gain access to their rights

and assists them in finding safe ways to come forward.

2. State Employees Mediation Program (SEMP)

The state has a mediation program that is a facilitated problem-solving approach to resolving disputes. It is

less adversarial than either the grievance or appeal process. It is a free and confidential service available to all

employees in the state personnel system. It can be requested to resolve differences before they reach the

grievance stage or after a grievance has been filed.

A key fact to remember is that if you want to mediate a dispute and yet retain the right to grieve, you must

also start the formal grievance process within the 10-day time limit. If the formal grievance process described

earlier in this section has already been started, either party may request mediation. Deadlines required by the

grievance process are suspended while mediation is occurring.

3. Settlement

Parties are encouraged to resolve their appeals before the Personnel Board, prior to a hearing through the

settlement program.

4. Arbitration

Arbitration is a dispute resolution alternative available for cases before the Personnel Board, where rapid

closure is most desired. By mutual agreement, both parties may divert their case to arbitration under the

Uniform Arbitration Act.

IV. Additional Programs

A. Risk Management

The self-insured liability program provides insurance coverage for state employees in the operation of state

vehicles, and in other cases of liability (potential loss to the state not related to an incident with an

automobile) arising within the course and scope of your employment. The self-insured liability program

will defend state employees while in the course of their employment, unless they are guilty of willful or

wanton misconduct. The state’s program may not apply to certain institutions of higher education.

If you are involved in an accident while driving a state vehicle, notify your supervisor immediately. You are

responsible for filing any forms required by law enforcement agencies. Refer the other party or parties

involved to Risk Management at 303-866-3848.

If you are driving your personal vehicle on state business and are involved in an accident, your personal

insurance policy on this automobile is the primary insurer. The state self-insured liability program may

provide coverage in excess of the employee’s personal insurance policy liability limits. Physical damage

(collision) and comprehensive coverage on personal vehicles is solely an employee responsibility.

Risk Management also administers the state’s property insurance program but provides no coverage for

employee-owned property. A 1989 executive order created a safety committee in each department to

establish safety policies and procedures that fit each department’s needs. It is the employee’s responsibility

to become familiar with the policies and procedures for their work site and department and to report areas

for potential improvement to the safety committee. Each employee is responsible for securing the safety of

items of value.

B. Department ADA Coordinators

The Americans with Disabilities Act as amended (ADAAA) requires that services, programs, and activities

of state agencies be accessible to persons with disabilities. It prohibits discrimination against such persons

in all aspects of the employment process. The ADA also requires employers to provide reasonable

accommodations to the known limitations of otherwise qualified applicants and employees with disabilities.

Each department has designated an ADA coordinator who investigates complaints and facilitates the

interactive process. The coordinator is the main contact for resources on accessibility and accommodation.

C. Credit Union of Colorado

By joining Credit Union of Colorado you gain access to low interest rates on loans, higher interest yields on

deposit accounts and much more. You are automatically eligible for membership if you or a member of your

family falls within the guidelines below:

� State employees.

� Retired state employees.

� Part-time and temporary state employees.

� Employees, elected officials, appointees and retirees of any Colorado county, municipality, special

district or school district.

� PERA employees.

� Faculty, employees, students, and alumni of Colorado School of Mines.

� Faculty, employees, students, and alumni of Colorado Community Colleges, local district colleges, or

area vocational schools.

� Students of Mesa State College.

� Miscellaneous affiliated groups.

� Family members related by blood, marriage or adoption of the groups listed above.

� A permanent member of a household of the groups listed above, who lives at the same residence and

participates in the maintenance of the household, including family members, domestic partners,

foster children, and legal guardian relationships. Fraternities, sororities, and nursing homes are

excluded from this definition.

� Membership may include any small group or association that has a common bond or association,

provided the group has been accepted by Board action and received regulatory approval.

To become a member, fill out an application, or for more eligibility information call us at (303) 832-4816 or

(800) 444-4816.

Credit Union of Colorado offices are located in Arvada, Aurora, Bear Valley, Canon City, Central Denver,

Colorado Springs, Fort Collins, Golden, Grand Junction, Greeley, Lakewood, Pueblo, and Southeast

Denver. Credit union services are also available online at www.cuofco.org.

D. Working Together Foundation

Working Together is a non-profit private organization established by state employees and exclusively for

state employees. Working Together provides emergency assistance to current or retired state employees in

times of crises. One-time grants of up to $500 are provided to assist permanent employees, having at least

six months of state service, with basic living necessities such as housing, food, and medical expenses.

In keeping with its motto, “State Employees Helping State Employees,” the foundation is funded solely by

state employees’ contributions. The Colorado Combined Campaign is the primary method of contribution

(#1300); however, donations can be made directly to Working Together. Members of the Credit Union of

Colorado may set up an electronic fund transfer from their account to Working Together. Direct payroll

deductions are also available through CPPS and some colleges.

For more information on tax-deductible contributions or how to apply for assistance, go to

www.state.co.us/dhr/wt or contact the foundation, by mail: 1373 Grant St., Denver, CO 80203. You can also

leave a voice message at 303-831-8645.